HomeMy WebLinkAbout08-14-2024 HE Packet
AGENDA
Hearing Examiner
6:00 PM - Wednesday, August 14, 2024
Pasco City Hall, Council Chambers & GoToWebinar & GoToWebinar
Page
1. REMOTE MEETING INSTRUCTIONS - Individuals, who would like to
provide public comment remotely, may continue to do so by filling out the
online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of each meeting.
Hearing Examiner meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. PUBLIC HEARINGS
2 - 34 (a) SP2024-005 - Sundance Residential Care
35 - 59 (b) SP2024-010 - Gonzalez Barber School
60 - 82 (c) SP2024-011 - New York Hair Academy
83 - 110 (d) Z2024-003 - Alvarado RS-20 to R-1
4. ADJOURNMENT
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REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 14 August 2024
6:00 PM
1
MASTER FILE #: SP 2024-005
APPLICANT: Sundance Residential Care
10518 N Alberta Road
Spokane, WA 99208
REQUEST: Special Permit: Construction of a new Community Service Level
Two facility.
Timeline:
28 March 2024 Application Submitted
1 April 2024 Determination of Incomplete Application
6 June 2024 Site Plan and Elevations Submitted
11 June 2024 Application Deemed Complete
1 July 2024 SEPA Determination of Non-Significance Issued
28 July 2024 Application Noticed for Public Hearing
7 August 2024 Public Hearing Staff Report Published
BACKGROUND
1) PROPERTY DESCRIPTION:
Abbreviated Legal: SHORT PLAT 81-10 LOT 1 EXCEPT N 30’ FOR FUTURE ROAD EASEMENT
General Location: 1620 Road 44 (Parcel # 119-121-156) in Pasco, Washington.
Property Size: 0.92 acres.
2) ACCESS: The property has access from Road 44.
3) UTILITIES: Municipal water and sewer services are available in Road 44.
4) LAND USE AND ZONING: The property is zoned O (Office) and is partially developed with an approx.
7,185 sq. ft. multi-tenant office building on the eastern side of the lot. Surrounding properties are
zoned/developed as follows:
North: RS-20 Suburban Zone/Single Family Homes
East: RS-12 Residential Suburban/Single Family Homes
South: O Office/Health Center
West: RS-20 Suburban Zone/Single Family Homes
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5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Low Density Residential. The
Low Density Residential land use designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning
districts and a variety of residential housing at a density of three (3) to six (6) dwelling units per acre. The
proposed use is considered an “Unclassified Use” and permissible in all the zoning districts within the
Low Density Residential land use, and the Office zoning district.
6) ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA lead agency for this project.
Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was
issued on July 1st, 2024, for this project under WAC 197-11-355.
BACKGROUND
Request
Applicant proposes to construct an approx. 9,000 sq. ft. single-story Enhanced Service Facility (ESF) equipped
with 16 live-in resident beds as defined by WAC 388-107. Project will also include amenities such as a
residential style kitchen, and several gathering areas for activities. Exterior improvements to include hard
scape (parking lot, sidewalks), landscaping and stormwater retention. Due to the residential nature of the
area the structure will have a residential appearance including asphalt shingled roofing with a combination
of lap siding and board/baton siding to match existing development patterns. The facility would have 12 – 18
staff members spread among 3 – 4 shifts.
Per WAC 388-107-0010 relating to the scope and purpose of an ESF facility: “An enhanced services facility
will provide treatment and services to a maximum of sixteen residents for whom acute inpatient treatment
is not medically necessary and who have been determined by the department (Department of Social and
Health Services) to be inappropriate for placement in other licensed facilities due to the complex needs that
result in behavioral and security issues”.
Site
The site carries a primary address of 1620 Road 44 and contains an existing multi-tenant office building,
however, the western half of the site is undeveloped and is where the proposed facility would be constructed.
The site has primary access from Road 44 to the east.
History
The site was annexed into the City of Pasco in 1989 under Ordinance No. 2740 and assigned the O Office
zoning designation under Ordinance No. 2742 and has retained this zoning since. It should be noted that
Ordinance No. 2742 was passed correcting an error in the legal descriptions in Ordinance No. 2740 the same
year. Per Franklin County Assessor records the existing building on the eastern half of the site was constructed
in 1991 and is 7,185 sq. ft. in size. The site has been subject to one code case, Pasco Case Number CEB2016-
0526, for a business failing to renew its license. The subject business is not related to the proposal or area of
the site where the proposed facility would be constructed.
STAFF FINDINGS OF FACT
1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the
Tri-City Herald newspaper on July 28, 2024.
2) The Applicant proposes to construct a new building approx. 9,000 sq. ft. in size to be used for a
Community Service Level Two (CSII) Facility which can be described as a ESF under WAC 388-107.
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3) The new building will be constructed with a residential appearance in consideration of the residential
nature of the neighborhood.
4) The facility would include 16 live-in resident beds and amenities such as a residential kitchen and several
gathering areas for activities. Exterior improvements include hard scape (parking lot, sidewalks),
landscaping and stormwater retention.
5) The facility would have 12 – 18 staff members on 3 – 4 shifts.
6) The existing building was constructed on or around 1991 on the eastern portion of the lot.
7) The proposed building would be constructed on the undeveloped western portion of the lot.
8) CSII facilities are considered an Unclassified Use under Pasco Municipal Code (PMC) 25.200.020.
9) Unclassified Uses are permitted via Special Permit in most zoning districts, including all zoning districts
permitted within the Comprehensive Plan’s Low Density Residential Land Use designation.
10) Staff discussed with other jurisdictions with similar facilities that have already been approved and are
operating. The proposed use did not garner any noticeable difference in complaints or code violations
than uses surrounding the associated sites.
11) The site is zoned Office.
TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT
As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and
enter findings from the record and conclusions thereof as to whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan;
The Comprehensive Plan designates this site as “Low Density Residential.” The Low Density Residential land
use designation allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning designations. However, the
application is for an “Unclassified Use” under PMC 25.200.020. While the current zoning of the site is O
(Office), Unclassified Uses may be permitted in both the O zoning district and all zoning districts within the
“Low Density Residential” designation.
• Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas. The proposed project would be classified as an
infill development as it is located on a property that, while having been developed in 1991, has had
half remaining as undeveloped/underutilized for a considerable amount of time. The site is located
less than 500 feet away from W Court Street, which is classified as an arterial road, and a bus stop is
located on the northwest corner of W Court Street and Road 44.
• Economic Development Policy ED-3-A: Enhance compatibility of commercial and industrial
development with residential and mixed-use neighborhoods with appropriate landscaping,
screening, building and design standards. The proposed facility would be required to install solid
screening and landscaping, if not already present, to meet compliance with the PMC. Further, while
not required, the applicants would utilize construction materials such that the building would appear
residential in nature.
• Utilities Policy UT-3-A: Require adequate provision of storm water facilities with all new land
development. The proposed facility would be required to maintain all storm water on-site. The
proposal includes the construction of stormwater management facilities.
(2) The proposal will adversely affect public infrastructure;
Accesses to the site are established and include items such as curb, gutter, sidewalk, and street lighting.
Utilities are available to the site and have been designed and constructed to accommodate current uses. The
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proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact
existing infrastructure.
(3) The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
The properties in the general vicinity include residential, commercial, and office uses. The proposal is subject
to the City’s outdoor lighting and noise Ordinances. While there may be an increase in traffic to the site it is
not anticipated to adversely impact infrastructure or surrounding uses and should be similar to the site’s
current use as a multi-tenant office building.
(4) The location and height of proposed structures and the site design will discourage the development of
permitted uses on property in the general vicinity or impair the value thereof;
The proposed structure will be less than 25’ in height and is proposed to be constructed out of materials similar
to those used in residential dwelling construction. The intent of the building design is to match the residential
nature of surrounding development.
(5) The operations in connection with the proposal will be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district;
The proposal was analyzed under the State Environmental Policy Act (SEPA) and impacts related to noise,
fumes, vibrations, dust, traffic, or flashing lights were analyzed as a part of the review. Based on the
information provided, requirements of PMC and Pasco Design & Construction Standards should mitigate
impacts to the built and natural environment. It is not anticipated that the proposal would be more
objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights.
(6) The proposal will endanger the public health or safety if located and developed where proposed, or in
any way will become a nuisance to uses permitted in the district.
The proposal is required to adhere to PMC, including, but not limited to provisions such as the outdoor lighting
and noise ordinances. The use, CSII, is subject to periodic reviews for compliance with conditions of approval
imposed under the special permit and PMC. If the proposed facility violates the special permit conditions of
approval or the PMC code cases would be opened and violation remediating steps will be issued and
undertaken. Additionally, at the special permit for the use may be revoked.
APPROVAL CONDITIONS
1) The special permit shall apply to the property addressed Road 44 (Parcel # 119-121-156), and any
subsequent subdivision(s) thereof.
2) The applicant shall adhere to all Federal, State and City building, fire and life safety codes.
3) The site shall be reviewed annually for noise, nuisance, and safety concerns.
4) The special permit shall become null and void if one or more of the following occur on the premise:
i. The site becomes a public nuisance, as defined in PMC 9.90.
ii. Nuisance activities, as defined in PMC 9.90 persist at the site.
RECOMMENDATION
Staff recommends approval of a Special Permit for the construction and use of a Community Service Facility
Level Two located at 1620 Road 44 (Parcel # 119-121-156) with conditions as herein proposed.
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19' - 2 1/4"
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Entrance porch and sidewalkEntrance porch and sidewalkEntrance porch and sidewalkEntrance porch and sidewalk
5' - 0"
Michael W. Christensen
Registered
Architect
STATE OF WASHINGTON
8502
FORM Architecture Inc.1415 W 3rd Ave. Ste 201, Spokane, WA 99204-1604 Ph: 509.835.FORM (3676) E-Mail: mike@formarchitecture.net PROJECT.
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REVISIONS
6/3/2024 4:57:40 AM
A1.0Site PlanESF-1620 Road 44, Pasco WA 99301
NNNN
1" = 10'1" = 10'1" = 10'1" = 10'----0"0"0"0"
1111 Site PlanSite PlanSite PlanSite Plan
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Michael W. Christensen
Registered
Architect
STATE OF WASHINGTON
8502
FORM Architecture Inc.1415 W 3rd Ave. Ste 201, Spokane, WA 99204-1604 Ph: 509.835.FORM (3676) E-Mail: mike@formarchitecture.net PROJECT.
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REVISIONS
6/3/2024 4:57:41 AM
A5.0Exterior ElevationsESF-1620 Road 44, Pasco WA 99301
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 576643 Print Legal Ad-IPL01854470 - IPL0185447 SP 2024-005 $210.54 1 73 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 07/28/2024, and ending on
07/28/2024 and that said newspaper was regularly
distributed to its subscribers during all of this period.
1 insertion(s) published on:
07/28/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 29th day
of July in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 30 of 110
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REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 14 August 2024
6:00 PM
1
MASTER FILE #: SP 2024-010
APPLICANT: Linda Gonzalez
210 N 4th Avenue
Pasco, WA 99301
REQUEST: Special Permit: Operation of a Barber School within an existing
building.
Timeline:
24 July 2024 Application Submitted
25 July 2024 Application Deemed Complete
28 July 2024 Application Noticed for Public Hearing
7 August 2024 Public Hearing Staff Report Published
BACKGROUND
1) PROPERTY DESCRIPTION:
Abbreviated Legal: N 40’ OF E2 LOT 30 & N 40’ LOTS 31 & 32, BLOCK 11, GERRY’S ADD
General Location: 208 N 4th Avenue Suite 210 (Parcel # 112-053-377), Pasco, WA 99301
Property Size: 0.06 acres.
2) ACCESS: The property has access from N 4th Avenue to the east and access via an alleyway to the north
which connects N 4th Avenue and N 5th Avenue.
3) UTILITIES: Municipal water is available in N 4th Avenue and the adjacent alleyway to the north; municipal
sewer is available in the alleyway to the north. The site is currently served with both municipal water and
sewer.
4) LAND USE AND ZONING: The property is zoned C-1 (Retail Business) and is currently developed.
Surrounding properties are zoned and developed as follows:
North: C-1 Retail Business/Commercial Development
East: C-2 Central Business District/Commercial Development
South: C-1 Retail Business/Parking Lot
West: C-1 Retail Business/Commercial Development
5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as “Medium Density Residential”.
The Medium Density Residential designation allows for R-2, R-3, R-4, and RP zoning districts and may be
developed with a variety of housing at a density of six (6) to twenty (20) dwelling units per acre. It should
Page 35 of 110
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be noted that while the underlying land use is a residential type the proposed use of “school” is
considered an “Unclassified Use” under Pasco Municipal Code (PMC) 25.200.020. Unclassified uses may
be permitted via Special Permit in many zones, including all residential zones and the C-1 zone.
BACKGROUND
Request
Applicant proposes to operate a Barber School within an existing building (tenant space) that has historically
provided barber services.
Site
The majority of the site is covered by an existing building, a small portion of the site to the rear of the building
(western side of parcel) is somewhat developed and appears to be an area for mechanical equipment and
storage. The on-site building has two stories with the main floor providing three commercial tenant spaces
(suites 208, 210, and 212) and the second floor containing three residential units (Unit A, B, and C). While
there is no on-site parking available, the site is located within the Downtown Pasco Overlay District (PMC
25.95) and therefor does not require parking to be provided.
History
In 1907 the site was added to the City of Pasco as a part of the Gerry’s Addition plat, at the time the site was
platted into multiple different lots and over time has been modified and adjusted to shape the lot as it sits
today. The site was assigned the C-1 zoning designation in 1938 as a part of the City’s original Zoning
Ordinance (Ordinance 0435).
The mixed-use building existing on-site today was constructed in 1958 and is approximately 4,160 sq. ft. in
size. The building has been the subject of a multitude of Code Enforcement cases, however, the subject suite
and applicant are not a party to any of the cases tied to the property.
STAFF FINDINGS OF FACT
1) An initial application was submitted missing the notary signature and which was subsequently submitted
on July 24, 2024. The application was deemed complete on July 25, 2024.
2) Notice of the public hearing was sent to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on July 28, 2024.
3) The proposed site is 210 N 4th Avenue Suite 208 (Parcel 112-053-377) in Pasco, WA.
4) The site is zoned C-1 Retail Business.
5) The site is currently developed with an existing building that was constructed in 1958; the building
contains three commercial tenant spaces and three residential units.
6) The Applicant proposes to operate a Barber School within a tenant space that has historically been used
as a barber shop.
7) Barber Schools falls under the classification of an “Unclassified Use” which may be permitted within the
C-1 zoning district through a Special Permit.
TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT
As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and
enter findings from the record and conclusions thereof as to whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan;
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Per The Comprehensive Plan designates this site as “Medium Density Residential.” The Medium Density
Residential land use designation allows for the R-2, R-3, R-4, and RP zoning districts and may be developed
with a variety of housing at a density of 6 to 20 dwelling units per acre. It should be noted that while the sites
underlying Future Land Use designation is Medium Density Residential the proposed use is classified as a
“Unclassified Use” meaning it is allowed in both Residential and Commercial zoning districts via Special
Permit.
• Land Use Policy LU-6-A: Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability. The proposed commercial use is located within a
mixed residential structure adjacent to N 4th Avenue, an arterial road.
• Economic Development Policy ED-3-D: Require businesses and buildings in and adjacent to the
Central Business District to conform to established development standards. The proposed use is
required to adhere to the standards PMC 25.95 Downtown Pasco Overlay District and would conform
to established development standards.
(2) The proposal will adversely affect public infrastructure;
Accesses to the site are established and include items such as curb, gutter, sidewalk, and street lighting.
Utilities are available to the site and have been designed and constructed to accommodate current uses. The
proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact
the existing infrastructure.
(3) The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
The properties in the general vicinity are primarily commercial with some residential to the northwest. The
site has historically housed a variety of businesses and residential units, the proposed use as a barber school
would not be in conflict with the existing or intended character.
(4) The location and height of proposed structures and the site design will discourage the development of
permitted uses on property in the general vicinity or impair the value thereof;
The proposed use will be contained within an existing building and tenant space. The space has historically
been used as a barber shop, a conversion to add schooling as a use will not be a major modification or impact
the general vicinity more than the historical uses.
(5) The operations in connection with the proposal will be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district;
The C-1 zoning districts permits a variety of uses in PMC 25.85.020, the proposed use of a barber school is
likely less intense than many of the uses allowed and currently existing in the general vicinity.
(6) The proposal will endanger the public health or safety if located and developed where proposed, or in
any way will become a nuisance to uses permitted in the district.
The proposal is required to adhere to PMC including provisions such as the outdoor lighting and noise
ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued
and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions
imposed under the special permit, PMC, and code violation history at which point the special permit for the
use may be revoked.
APPROVAL CONDITIONS
1) The special permit shall apply to Parcel # 112-053-377, and any subsequent subdivision(s) thereof.
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RECOMMENDATION
Staff recommends approval of a Special Permit for the use of 208 N 4th Avenue Suite 210 (Parcel # 112-053-
377) as a Barber School with conditions as herein proposed.
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 576644 Print Legal Ad-IPL01854530 - IPL0185453 SP 2024-010 $177.55 1 60 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 07/28/2024, and ending on
07/28/2024 and that said newspaper was regularly
distributed to its subscribers during all of this period.
1 insertion(s) published on:
07/28/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 29th day
of July in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 59 of 110
REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 14 August 2024
6:00 PM
1
MASTER FILE #: SP 2024-011
APPLICANT: Cecilia Petrearce
2508 W Sylvester St. Suite D
Pasco, WA 99301
REQUEST: Special Permit: Operation of a Beauty School within an existing
building.
Timeline:
19 July 2024 Application Submitted
19 July 2024 Application Deemed Complete
22 July 2024 Application Noticed for Public Hearing
7 August 2024 Public Hearing Staff Report Published
BACKGROUND
1) PROPERTY DESCRIPTION:
Abbreviated Legal: Lot 7, Block 14, Gerry's Addition to Pasco
General Location: 514 West Clark Street (Parcel 112042058), Pasco, WA 99301
Property Size: Approximately 0.08 acres (3,499.86 square feet)
2) ACCESS: The property has access from West Clark Street to the north and via an alleyway, which connects
to N 4th Avenue and N 5th Avenue, to the south.
3) UTILITIES: Municipal water and sewer services are available in the adjacent alleyway to the south. The
site is currently served with both municipal water and sewer.
4) LAND USE AND ZONING: The property is zoned C-2 (Central Business District) and is currently developed
with a commercial building. Surrounding properties are zoned and developed as follows:
North: C-1 Retail Business/Commercial Development; Parking Lot
East: C-2 Central Business District/Commercial Development
South: C-2 Central Business District/Commercial Development
West: C-2 Central Business District/Commercial Development
5) COMPREHENSIVE PLAN: On April 17, 2023, City Council approved Ordinance 4658 amending the
Comprehensive Plan Land Use Map and corresponding Pasco Municipal Code (PMC) 25.95, “Downtown
Overlay District.” The Downtown Overlay District designation allows for O, BP, C-1, C-2, C-3, and CR
zoning; neighborhood, community and regional shopping and specialty centers, business parks, service
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and office uses may all be considered under this designation. Per Ordinance 4658, the overlay standards
are to be applied in addition to and in combination with all other district and development regulations
contained in Title 25 Zoning. The requirements of the overlay district take precedence over the
requirements of the underlying zoning district regulations.
BACKGROUND
Request
Applicant proposes to operate a Beauty School, “New York Hair Academy,” within an existing building (tenant
space) that has historically provided retail clothing and variety sales, tax services, professional health services,
retail arts and crafts sales, and barber/beauty services.
Site
The majority of the 3,500 square-foot site is occupied by a commercial building; a small portion of the site to
the rear of the building adjacent the alley (southern side of parcel) is used for parking and alley access. The
on-site building is a single-story structure. The site is located within the Downtown Pasco Overlay District
(PMC 25.95) and therefor does not require the provision of on-site parking.
History
The site was added to the City of Pasco as a part of the 1907 Gerry’s Addition to Pasco. The site was assigned
the C-1 zoning designation in 1938 as a part of the City’s original Zoning Ordinance (Ordinance 0435); the site
has since been rezoned to C-2 (Ordinance # currently unavailable).
The existing structure was constructed in 1952 and comprises approximately 2,890 square feet. The building
was damaged by fire in 2022, underwent fire restoration/repairs, and in April of 2023 was approved for
occupancy and is now being used as a barber shop.
Land Use Regulations
Per PMC 25.200.010 Unclassified uses, due to their nature, are deemed to require special review to consider,
on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which
would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited.
Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training
facilities or institutions not heretofore permitted within any district shall be considered unclassified uses, and
as such, require Special Permit review.
Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions
described in PMC 2.50.080, such as special permits.
STAFF FINDINGS OF FACT
1) Special Permit Application (SP 2024-011) for a Beauty School, “NY Hair Academy,” was submitted on July
19, 2024
2) The Application was determined to be complete on July 31, 2024.
3) Notice of the public hearing was mailed to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on July 28, 2024.
4) Applicant proposes to operate a “New York Hair Academy” Beauty School within an existing building.
5) The site has historically provided retail clothing and variety sales, tax services, professional health
services, retail arts and crafts sales, and barber/beauty services.
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6) The majority of the 3,500 square-foot site is covered by a commercial building.
7) The existing structure comprises approximately 2,890 square feet.
8) A small portion of the site to the rear of the building adjacent the alley is used for parking and alley access.
9) The on-site building is a single-story structure.
10) The site is located within the Downtown Pasco Overlay District (PMC 25.95).
11) The Downtown Overlay District does not require the provision of on-site parking.
12) The subject property was added to the City of Pasco as a part of the 1907 Gerry’s Addition to Pasco.
13) The site was assigned the C-1 zoning designation in 1938 as a part of the City’s original Zoning Ordinance
(Ordinance 0435).
14) The site has since been rezoned to C-2 (Ordinance # unavailable at this time).
15) The existing structure was constructed in 1952.
16) Per PMC 25.200.010 Unclassified uses enumerated in PMC 25.200.020, due to their nature, are deemed
to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within
the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within
any district where not otherwise prohibited.
17) Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training
facilities or institutions not heretofore permitted within any district shall be considered unclassified uses.
18) Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions
described in PMC 2.50.080, such as special permits.
TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT
As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the Hearing
Examiner shall make and enter findings from the record and conclusions thereof as to whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan;
The site is designated “Downtown Overlay District” by the City of Pasco Comprehensive Plan. The Downtown
Overlay District designation allows for O, BP, C-1, C-2, C-3, and CR zoning; neighborhood, community and
regional shopping and specialty centers, business parks, service and office uses may all be considered for this
designation. As well, properties located within the newly created “Downtown Pasco Overlay District” are
subject to the overlay district regulations.
Per Ordinance 4658, the overlay standards are to be applied in addition to and in combination with all other
district and development regulations contained in Title 25 Zoning. The requirements of the overlay district
take precedence over the requirements of the underlying zoning regulations.
• Economic Development Policy ED-3-D: Require businesses and buildings in and adjacent to the
Central Business District to conform to established development standards. The proposed use is
required to adhere to the standards PMC 25.95 Downtown Pasco Overlay District and would conform
to established development standards.
(2) The proposal will adversely affect public infrastructure;
The proposed use will not increase the need for infrastructure improvements and is unlikely to adversely
impact the existing infrastructure.
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(3) The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
The proposed use will be contained within an existing building and tenant space. The properties in the general
vicinity are primarily commercial. The site has historically been used for retail clothing and variety sales, tax
services, professional health services, retail arts and crafts sales, and barber/beauty services; the proposed
use as a Beauty School would not be in conflict with the existing or intended character of the general vicinity.
(4) The location and height of proposed structures and the site design will discourage the development of
permitted uses on property in the general vicinity or impair the value thereof;
The proposed use will be contained within an existing building and tenant space. The space has historically
been used for retail clothing and variety sales, tax services, professional health services, retail arts and crafts
sales, and barber/beauty services; a conversion to add schooling as a use will not be a major modification or
impact the general vicinity more than the historical uses.
(5) The operations in connection with the proposal will be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district;
The operations of a beauty school will not likely be more objectionable to nearby properties by reason of noise,
fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within
the district.
(6) The proposal will endanger the public health or safety if located and developed where proposed, or in
any way will become a nuisance to uses permitted in the district.
The proposal is required to adhere to PMC including provisions such as the outdoor lighting and noise
ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued
and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions
imposed under the special permit, PMC, and code violation history at which point the special permit for the
use may be revoked.
APPROVAL CONDITIONS
1) The special permit shall apply to Parcel # 112042058, and any subsequent subdivision(s) thereof.
2) Applicant shall adhere to all Federal, State and City building, fire, and safety codes.
RECOMMENDATION
Staff recommends approval of a Special Permit for the use Lot 7, Block 14, Gerry's Addition to Pasco located
at 514 West Clark Street (parcel # 112042058) as a Beauty School with conditions as herein proposed.
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Page 82 of 110
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 14 August 2024
6:00 PM
1
MASTER FILE #: Z 2024-003
APPLICANT: Haven Capital, LLC c/o Cody Fielding
6619 Burden Blvd; Suite C
Pasco WA 99301
REQUEST: REZONE: Alvarado Place Rezone from RS-20 (Suburban District)
to R-1 (Low-Density Residential) in preparation for a 14-lot
preliminary plat.
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lot 1, Short Plat No. 94-7, according to the Survey thereof, recorded under Auditor's File
Number 509860, records of Franklin County, Washington.
General Location: Located at 9903 West Court Street (Parcel 118292143) in the northwest quarter
of Section 20, Township 9 North, Range 29 East, W.M., in Pasco, WA 99301.
Property Size: Approximately 3.17 acres (137,994.48 square feet)
2. ACCESS: The parcel has access from West Court Street.
3. UTILITIES: Municipal water and sewer are available in West Court Street.
4. LAND USE AND ZONING: The site is zoned RS-20 (Suburban District) and is developed with a 1980
10’ X 66’ singlewide manufactured home and a utility building. Surrounding properties are zoned
and developed as follows:
NORTH: RS-20 Single-Family Dwelling Units (SFDUs)
EAST: RS-20 SFDUs
SOUTH: RS-20 SFDUs, City of Pasco Park
WEST: RS-20 Vacant; SFDUs
5. Comprehensive Plan: Per Pasco Municipal code (PMC) 25.215.015, the Comprehensive Plan
designates this site as Low-Density Residential. The Low-Density Residential designation
accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows
R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the SEPA lead agency for this project
(SEPA 2024-024). Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive
Plan, applicable regulations, and other information, a final threshold determination resulting in a
Mitigated Determination of Non-Significance (MDNS) was issued for this project on July 1, 2024,
under WAC 197-11-158. The mitigation required in the MDNS is as follows:
a. A professional archaeological survey of the project area must be conducted, and a report
be produced prior to ground disturbing activities. This report should meet Department of
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Archaeology & Historic Preservation (DAHP) standards for cultural resource reporting
(DAHP Project Tracking Code: 2024-05-03706.2)
b. The applicant must properly abandon/decommission any unused wells and must submit
abandonment reports to Washington State Department of Ecology, as described in WAC
173-160-381. This includes resource protection wells and any dewatering wells installed
during the construction phase of the project.
The final threshold determination was not appealed.
ANALYSIS
Request
Cody Fielding, on behalf of Haven Capital, LLC submitted a rezone application (Z 2024-003) from RS-20
(Suburban District) to R-1 (Low-Density Residential District), for Lot 1 of Short Plat No. 94-7, a 3.17-acre
site located approximately 300 feet east of the intersection of Road 100 and West Court Street at 9903
West Court Street (Parcel 118292143), Pasco, Franklin County, WA.
Applicant simultaneously submitted applications for a 14-Lot Preliminary Plat (PP 2024-005) and a Right-
of-Way Vacation (VAC 2024-003) for the 20-foot Right-of-Way located along the eastern property line of
Lot 1 of Short Plat 94-7.
Current zoning of the site is RS-20, which requires a 20,000-foot minimum lot size; as the lots in the
proposed Preliminary Plat average 7,938 square feet, with a range between 6,000 and 14,451 square feet,
the rezone would be prerequisite to approval of the plat. Furthermore, as the proposed Preliminary Plat
density includes the proposed 20-foot Right-of-Way area, approval of the preliminary plat as proposed is
contingent upon the vacation. Finally, the vacated right-of-way would need to be included in the rezone,
as it is part of the proposed plat. The vacation has been presented to City Council and is scheduled to be
considered at their September 16, 2024, meeting.
History
The site was annexed into the City in 2015 (Ordinance 4222) and assigned RS-20 (Suburban District) zoning
(Ordinance 4221) in conjunction with the annexation. At the time of annexation, the area was part of the
unincorporated West Pasco “donut hole,” which was developed with over 400 dwellings units, two
schools, a large church, a major electrical substation, a seminary building and a veterinarian clinic.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was designated RS-20 (Suburban District) zoning in conjunction with the 2015 annexation.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site is currently zoned RS-20, which requires a 20,000-square-foot minimum lot size. Higher density
infill development is proposed, thus necessitating the rezone. Due to Pasco’s rapid population increase,
developing the remaining infill properties around the City has become crucial to accommodate future
growth. By rezoning the property to R-1, which permits the creation of lots at a greater density than RS-
20, the applicant may then develop the property with more single-family homes to serve the population.
On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code, including Pasco
Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The approved ordinance changed the
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purpose of the R-1 zone found in PMC 25.45.010, as follows: “The R-1 low density residential district is
established to provide a low- to medium-density residential environment compliant with the
Comprehensive Plan land use density table in PMC 25.215.015. Certain public facilities and institutions
may also be permitted, provided their nature and location are not detrimental to the intended low- to
medium-density residential environment.” As well, PMC 25.45.020 added zero-lot line dwellings, multiple
dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning
district. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot
development restriction.
3. Facts to justify the change on the basis of advancing the public health, safety, and general
welfare:
The rezone application and proposal are consistent with the City Council-approved Comprehensive Plan,
which has been determined to be in the best interest of advancing public health, safety, and general
welfare of the community. It is hoped that subdivision and development of new homes on the site will
increase the desirability of the property as well as the public health, safety, and general welfare.
From a public health perspective, future residential development of the site could encourage walking to
and from school with development of proper sidewalk infrastructure. The McLoughlin Middle School is
approximately .75 miles from the site. Additionally, the site is immediately adjacent across West Court
Street from the entrance walkway to Chiawana Park, which borders the Columbia River.
In terms of public safety, the site is located approximately ½ mile from Pasco Fire Station #85 along Road
100/Broadmoor Boulevard, well within the established response-time zone.
Safety of the future residential community will also be provided for through the implementation of the
civil, building and fire codes which mandate adequate access, fire hydrants, and similar fire and life safety
requirements for all new development.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
The site is adjacent existing single-family development and vacant land. A change in zoning would be
consistent with the Comprehensive Plan. According to PMC 25.215.015, the Low-Density Residential
designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and
allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. The site is surrounded by RS-20 zoning; RS-20
zoning requires a 20,000-square-foot minimum lot size; the proposed rezone to R-1 would allow for 3,500
to 5,000- square foot lots and multi-family dwelling units, introducing a higher density than would be
allowed in the surrounding neighborhood.
Further, the adjacent property’s value and character are not anticipated to be negatively affected because
Low-Density development has been established by City Council as an appropriate and beneficial use of the
site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and
meets the intent of the goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the property remains with the current RS-20 zoning designation the site would likely continue to remain
underdeveloped with a 1980 10’ X 66’ singlewide manufactured home and a utility building on 3.17 acres
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of land. Denying the proposed development would seem to deprive the owner the opportunity to develop
a diverse range of housing at a density of 3 to 6 dwelling units per acre.
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential;” the
proposed zoning district is compatible with the Comprehensive Plan Land Use designation; the Low-Density
Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per
acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones.
The proposed rezone application would implement or be consistent with the following comp plan policies:
LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial,
educational, public facility, and open-space uses proximate to appropriate transportation and utility
infrastructure.
A rezone of this property providing for residential development would provide for future neighborhood low
density residential land uses on a site that is adjacent West Court Street, a principal arterial in a location
where existing utility services are available to serve future development. The proposed rezone is consistent
with the intent of this policy.
LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill developments
in the City limits through periodic review of growth patterns and market demand within each of the City’s
land use designations.
As the demand for residential land use increases, additional residential land and higher residential
densities provide greater flexibility for the City and landowners to meet the rising demand for new housing
units. The proximity of this property to West Court Street, an arterial street makes this site particularly well
suited for future R-1 residential infill development.
LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public
transportation service areas.
The site’s proximity to West Court Street, a planned principal arterial makes R-1 low density residential
development of the site consistent with this land use policy.
LU-4-D Policy: Designate areas for higher density residential developments where utilities and
transportation facilities enable efficient use of capital resources.
R-1 residential development on the site would fulfill this comprehensive plan policy of placing higher
density development in areas where transportation and utility infrastructure is present, as the site is
adjacent to a principal arterial street; a 24” sewer main and a 12” water main are located immediately
adjacent to the site.
LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards,
are permitted in this zone. Per PMC 25.22.020 Permitted housing types, the following residential housing
types are permitted within the applicable zones, under the provisions of these Zone District Standards:
(1) Single-family dwelling unit detached (SFDU – Detached).
(2) Single-family dwelling unit attached (SFDU – Attached).
(3) Duplexes and triplexes.
(4) Multifamily attached (including apartments, stacked flats, condos).
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(5) Multifamily detached (including cottage housing).
(6) New factory assembled homes.
An R-1 low density residential development of the site would help to implement this land use policy, while
helping to satisfy the rising demand for housing that is currently felt both locally and regionally.
H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums,
apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments
etc.
Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards,
are permitted in this zone.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals. The opportunity for R-1 low-density zoning in this area supports the Land Use Element of the
Comprehensive Plan.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Rezone application Z 2024-003 to rezone Lot 1 of Short Plat No. 94-7 was submitted on May 7,
2024.
2. The application was determined to be complete on July 31, 2024.
3. Public notice of this hearing was mailed to property owners within 300 feet of the site and
published in the Tri-City Herald newspaper on July 22, 2024.
4. Applicant wishes to rezone 9903 West Court Street from RS-20 to R-1.
5. The site comprises 3.17 acres.
6. The site is located approximately 300 feet east of the intersection of Road 100 and Court Street.
7. The site was annexed into the City in 2015 (Ordinance 4222)
8. The site was assigned RS-20 (Suburban District) (Ordinance 4221) in conjunction with the
annexation.
9. The rezone would support a proposed infill subdivision project being submitted in conjunction
with this rezone.
10. On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including
Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district.
11. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows:
PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and
courtyard apartments to the mix of allowed uses in the R-1 zoning district.
12. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot
development restriction.
13. A rezone from RS-20 (Suburban) to R-1 (Low-Density Residential) would allow R-1 density
Residential development to occur along a major arterial street.
14. The rezone would allow for residential density between 3 to 6 dwelling units per acre.
15. The rezone application and proposal are consistent with the Council-approved Comprehensive
Plan.
16. McLoughlin Middle School is approximately .75 miles from the site.
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17. The entrance walkway to Chiawana Park, which borders the Columbia River, is across West Court
Street from the site.
18. The site is located approximately one-half mile from Pasco Fire Station #85 on Road 100.
19. The civil, building and fire codes mandate adequate access, fire hydrants, and similar fire and life
safety requirements for all new development.
20. The site is adjacent existing single-family development and vacant land.
21. Per PMC 25.215.015, the Low-Density Residential designation allows R-S-20, R-S-12, R-S-1, R-1, R-
1-A, and R-1-A2 zones.
22. Applicant also submitted applications for a 14-Lot Preliminary Plat (PP 2024-005) and a Vacation
(VAC 2024-003) of a 20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat
94-7.
23. Current zoning of the site is RS-20, which requires a 20,000-foot minimum lot size.
24. The rezone is a prerequisite to preliminary plat approval of application PP 2024-005 since the lots
in the Preliminary Plat average 7,938 square feet.
25. Approval of the plat as submitted would also be contingent upon the 20-foot Right-of-Way
Vacation (VAC 2024-003) as mentioned above, as the proposed Plat density includes the proposed
Right-of-Way area.
26. The vacated 20-foot right-of-way would need to be included in the rezone, as it is part of the
proposed plat.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential District.”
The proposed R-1 zoning district would be in alignment with the Land Use map within the City’s
Comprehensive Plan. Future potential development could additionally foster or help to implement the
following policies from the Comprehensive Plan:
LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial,
educational, public facility, and open-space uses proximate to appropriate transportation and utility
infrastructure.
LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill developments in
the City limits through periodic review of growth patterns and market demand within each of the City’s
land use designations.
LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public
transportation service areas.
LU-4-D Policy: Designate areas for higher density residential developments where utilities and
transportation facilities enable efficient use of capital resources.
LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors,
Downtown (Central Business District), and Broadmoor.
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6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage
infrastructure availability.
H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums,
apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments
etc.
H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community
shopping facilities and employment areas.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan designates the property “Low-Density Residential.” As such, the site may be zoned
RS-20, RS-12, RS-1, R-1, or R-1-A. The site is adjacent existing single-family development and vacant land.
A change in zoning would be consistent with the comprehensive plan. According to PMC 25.215.015, the
Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6
dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones.
Further, the effect of the proposal on immediate vicinity will likely not be materially detrimental because
Low-Density development has been established by City Council as an appropriate and beneficial use of the
site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and
meets the intent of the goals and policies of the Comprehensive Plan.
3. There is merit and value in the proposal for the community as a whole.
There is merit in increasing housing opportunities available in those areas currently served by municipal
utilities. The City revised its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA
updated UGA is smaller than current projections for low-density residential growth as developed in the
past would allow; as such, more residential lots are needed within the current UGA.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the
Comprehensive Plan, the proposal includes infill development.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application, proposed 14-Lot Preliminary Plat, and 20-foot Right-of-Way Vacation projects are
all subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design
and Construction Standards. As such, no conditions should be imposed; any future development will be
evaluated for significant adverse impacts at the time of a development application, which will also be
subject to review under the State Environmental Policy Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to design
standards established by the PMC. No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that SHORT PLAT 94-7 LOT 1,
along with the 20-foot Right-of-Way located along the eastern property line of said Lot 1 of Short Plat 94-
7 located at 9903 W Court Street (Parcel 118292143) in the northwest quarter of Section 20, Township 9
Page 89 of 110
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North and Range 29 East in Pasco, WA be rezoned from R-S-20 (Suburban District) to R-1 (Low-Density
Residential District).
Page 90 of 110
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Affidavit of Mailing
In regards to MF# Z2024-003
I, Carmen Patrick, hereby confirm that notification was sent by mail July 22, 2024 to the owners of the
parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 22N° day, July of 2024.
Representative's Signature
Page 107 of 110
CLAUDIA HICKMAN LIVING TRUST 10017 W COURT ST PASCO WA 99301
K D & MARILYN COUGHREN 10012 W COURT ST PASCO WA 99301
TODD M & LINDA S CALVERT 10000 W COURT ST PASCO WA 99301
DAVID G & NICHOLE A MILNE 10002 W COURT ST PASCO WA 99301
MICHAEL & JUDITH NELLIS 10008 W COURT ST PASCO WA 99301
ERIC & SUSAN ERPENBECK 2904 N ROAD 97 PASCO WA 99301
KUO & SUE (TRUSTEES) TSAI 11514 9TH AVE NE SEATTLE WA 98125
MICHAEL L & DEBORAH D SMILIE 2808 N ROAD 97 PASCO WA 99301
REX D WALTERS (ETUX) 2708 N ROAD 97 PASCO WA 99301
LARRY ALVA LENHART 3200 ROAD 92 PASCO WA 99301
BROOKE L MARSHALL 9912 STAR LN PASCO WA 99301
MARGARET HARRISON 9818 STAR LN PASCO WA 99301
TIA L (ETAL) GIBSON-ALVARADO 9903 W COURT ST PASCO WA 99301
MICHAEL & ELIZABETH GUZMAN 10305 CHAPEL HILL BLVD PASCO WA 99301
TERRY K BASS 9715 W COURT ST PASCO WA 99301
VALORIA A LOVELAND 10004 W COURT ST PASCO WA 99301
GEORGE M & JULIE A BEAN 9916 W COURT ST PASCO WA 99301
CITY OF PASCO PO BOX 293 PASCO WA 99301
STEVEN P SHAFFER (ETUX) 9122 WHIPPLE AVE PASCO WA 99301
RICK & JOSIE KOELZER 9820 W COURT PASCO WA 99301
MA TT HEW L & LISA M BEATON 9816 W COURT ST PASCO WA 99301
THOMAS & EVELYN CORLEY 9812 W COURT ST PASCO WA 99301
JEFF ADAMS 620 BIRCH AVE RICHLAND WA 99352
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1li Pd:Sco Community Development Department
PO Box 293, 525 N 3"j Ave, Pasco. WA 99301
P: 509.545.3441 / F: 509.545.3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor Ila me al Departamento
de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
A public hearing with the Hearing Examiner will be held on August 14, 2024 at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington.
Proposal: Cody Fielding on. behalf cfHav2n Gapit.il;UC has submitted a Rezone application (Z 2024-003) from RS-.
20 (Residential Suburban} to R-1 (Low-Density Residential} for Lot 1, Short Plat 94-7 located at 9903 W Court Street
(Parcel 118292143)) in Pasco, WA 99301. The site is located approximately 300 feet east of the intersection of Road
100 and Court Street. A Right-of-Way vacation has also been requested in conjunction with the plat and rezone
applications. The proposal is subject to regulations contained in the Pasco Municipal Code. Future site-specific
development applications will be subject to SEPA environmental review and code requirements. Impact fees will
apply.
Public Comment Period: Written comments will be accepted up to 4:30 pm on the day of the hearing
and will be Distributed to the Hearing Examiner at the hearing. If you wish to attach comments to the
posted hearing Examiner packet, those comments must be submitted to the Community Development
Department by 5:00 p.m. Wednesday August 7, 2024, which is one week before the hearing. If you have
questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
adamsj@pasco-wa.gov.
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting
at the following registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the
webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation
on the rezone within ten (10) days of the public hearing.
Prepared 22 July 2024 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-
3441.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment
at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
Page 1 of 2 Page 109 of 110
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